ORDER

1. The petitioner has filed the present petition being aggrieved by letter dated 9.11.2020 whereby the Principal, Govt. Higher Secondary School, Agar Malwa has informed the District Pension Officer about the recovery of Rs.8,806/- from him towards excess payment on 1.7.2010.

2. The petitioner stood retired from the services w.e.f. 31.8.2020 from the post of Assistant Teacher. It is not the case of the respondents that the petitioner ever misrepresented or made any prayer for grant of higher pay- scale. The Apex Court in the case of State of Punjab and others vs. Rafiq Masih (White Washer) etc. (2015) 4 SCC 334 has held as under :-

''12. It is not possible to postulate all situations of hardship, which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decision referred to herein above, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law:

(i) Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service).

(ii) Recovery from th